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1. Director of Proceedings v Oceania Care Company Ltd [2022] NZHRRT 8 [pdf, 923 KB]

   ...A (deceased). At all material times Mr A was a consumer of health services. 3. The defendant, Oceania Care Company Limited, is an incorporated company having its registered office at Affinity House, 2 Hargreaves Street, St Mary’s Bay, Auckland 1011, New Zealand. 4. At the time of the events in question, the defendant owned and operated residential care facilities, including the Rest Home and Village (“the Rest Home”) where Mr A was a resident. 5. At all material times the defendan...

2. Far North District Council - Okahu 3B2B2 (2015) 97 Taitokerau MB 234 (97 TTK 234) [pdf, 396 KB]

   ...to trustees [100] In addition to directing the interim responsible trustees to convene a general meeting within 12 months to address trusteeship (and this trust order) I will also be directing the trustees in relation to three other matters. [101] First, the interim responsible trustees will need to ensure that all money, assets and other documentation currently held by the IMC are transferred to the interim responsible trustees forthwith. Mr Mahoney indicated that would not be a p...

3. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...the review process for his own benefit. [100] Further, Mr TP argued that the delay until the High Court finally deals with the proceedings before it, is unlikely to result in any prejudice to the parties involved in this review application. [101] For her part, Mrs ZN is pushing for the review application to be heard and determined so that her conduct complaints are finalised. [102] I agree with Mr TP that where there are contested issues of fact before a Standards Committee or a...

4. Children and young people with charges finalised in any court December 2020 [xlsx, 348 KB]

   ...of 66,114 people). The number of children and young people (aged 10-16 years) with charges finalised in any court has more than halved since 2011, decreasing from 3,591 children and young people to 1,080 in 2020 (a 70% decrease). In 2020, in total, 1,101 children and young people (70%) had their most serious charge proved. As a result, they were either discharged under section 282 (816; 52% of children and young people charged), received a Youth Court order under section 283 (285; 18% of child...

5. Strickland v Gaensicke [2011] NZWHT Auckland 46 [pdf, 273 KB]

   ...in the construction work in order for him to owe a duty of care and that if the construction work was performed negligently he breached that duty of care. This submission however goes beyond established legal principles and precedent. [101] It is well settled law in New Zealand that a builder owes a duty of care to any person whose property they should reasonably expect to be affected by their work. The builder‟s duty is to take care to prevent damage to the property. Th...

6. Kelleway v Insar [pdf, 283 KB]

   ...Lack of sill and jamb flashings [99] An inquiry into this issue raises three distinct questions. [100] The first concerns whether the provision of sill and jamb flashings was a mandatory requirement under the Building Act 1991 in 1997. [101] Mr Maiden stated in his report dated 17 August 2000 that the lack of jamb and sill flashings to window and door openings is contrary to the building code. [102] Against that, Mr Alexander stated at paragraphs 35 & 36 of his bri...

7. Pilbrow & Anor as Trustees of the Pilbrow Family Trust v Moorhead [2011] NZWHT Auckland 31 [pdf, 352 KB]

   ...general terms if the report found moisture problems in the building frame then a number of areas around the building, yes, a re-clad would be justifiable. [100] As Mr Hough has submitted, liability has been imposed in similar cases.8 [101] In summary I find that Mr Craven and CBL are liable for primary defect 1. They owed and breached duties of care to the claimants causing substantial damage requiring a full reclad. All the relevant evidential requirements have been m...

8. [2018] NZEnvC 122 Lee Valley Limestone v Tasman District Council [pdf, 4.6 MB]

   ...residences, but will not exceed 60dB LAFmax. Dr Trevathan considered that predicted noise levels from the operation of the quarry would not cause any adverse effects on the amenity of neighbouring residents that was more than minor. 5 NOE page 101. 10 [30] Dealing specifically with noise from vehicles received at 1072 Takaka Valley Road (Ms Price's property), Dr Trevathan considered that the measured noise level from existing daytime traffic of around 60dB LAeq would mask...

9. Nakarawa v AFFCO NZ Ltd [2014] NZHRRT 9 [pdf, 168 KB]

   ...Ministry of Social Development v Holmes [2013] NZHC 672, [2013] NZAR 760 (8 April 2013) (Fogarty J, GJ Cook JP and Hon KL Shirley) at [103] to [108]). In any event the more recent submissions filed by Mr Nakarawa now seek an award of $15,000.00. [101] We have already expressed the view that the circumstances in which AFFCO summarily terminated Mr Nakarawa’s employment by reason of his religious beliefs 27 constituted a serious infringement of Mr Nakarawa’s right to be free fr...

10. [2012] NZEmpC 95 Strachan v Moodie [pdf, 323 KB]

    ...share of the practice’s bank account balance as at 31 January 2006 (the claimed share being $7,027.47). I also allow the plaintiff’s claim to expenses incurred by her personally but not reimbursed by the practice which total $2,022.27. [101] Finally in this regard, the plaintiff accepts that she must have a deduction for what were described as “judgment debtor” matters for which she was instructed by Mr Moodie to invoice directly although using the Moodie & Co GST numb...